NOTICE DATE: October 10, 2023 

NOTICE TYPE: M-A101023-01 Legal

SHORT DESCRIPTION: Resolution of ADR Proceedings between ERCOT and Joint Industrial Consumers (ADR No. 2023-TIE-01)

INTENDED AUDIENCE: All Market Participants 

LONG DESCRIPTION: Upon ERCOT’s determination of the disposition of an Alternative Dispute Resolution (ADR) proceeding, ERCOT Protocols Section 20.9 requires ERCOT to issue a Market Notice providing a description of the relevant facts, a list of the parties involved in the dispute, and ERCOT’s disposition of the proceeding and reasoning in support thereof.

Parties: ERCOT and Texas Industrial Energy Consumers (TIEC); Air Liquide Large Industries US LP; Freeport LNG Development LP; Occidental Chemical Corporation; Pioneer Natural Resources; Texas Instruments Incorporated; The Dow Chemical Company; and Valero Services Inc. (collectively, “Joint Industrial Consumers”).

Relevant Facts:

The Joint Industrial Consumers filed a request for an ADR with ERCOT seeking reversal of the ERCOT Board’s approval of the December 20, 2022 amendments to the amended and restated ERCOT Bylaws. Separately, they also filed a petition for judicial review in Travis County district court challenging the decision by the Public Utility Commission of Texas (PUC) to adopt the amendments to the amended and restated ERCOT Bylaws. The judicial petition is pending under Case No. D-1-GN-23-001430.

In the interest of efficiency, ERCOT and the Joint Industrial Consumers have agreed in accordance with ERCOT Protocols Section 20.5(7) to waive the ADR by written agreement, which will also complete the ADR proceeding.

The Joint Industrial Consumers also anticipate filing a complaint with the PUC, and have agreed to simultaneously file an Agreed Motion to Abate the proceeding to prevent duplicative litigation on issues that are already pending judicial review.

ERCOT’s Disposition/Reasoning:

Since ERCOT and the Joint Industrial Consumers have agreed to waive ADR No. 2023-TIE-01 by written agreement, consistent with ERCOT Protocols Section 20.5(7), this ADR is now closed.

CONTACT: If you have any questions, please contact your ERCOT Account Manager. You may also call the general ERCOT Client Services phone number at (512) 248-3900 or contact ERCOT Client Services via email at [log in to unmask].

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